Res P-06-48
RESOLUTION NO. P-06-48
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING VARIANCE 06-07
ASSESSOR'S PARCEL NUMBER 320-230-06
WHEREAS, Variance (VAR) 06-07; Ralph and Lori Garofalo, Applicants, A
request for approval to allow a 6-foot-high solid wall within the front yard setback when
the maximum height permitted for a freestanding solid wall within the front yard setback
in the zone is 4 feet. The property is located at 12418 Grange Place, within the Creek
Road Enclave Specific Plan; and
WHEREAS, on October 17, 2006, the City Council held a duly advertised public
hearing to solicit comments from the public, both pro and con, relative to this
application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council finds that this project is Categorically Exempt from the
California Environmental Quality Act (CEQA), as a Class 5 Categorical Exemption,
pursuant to Section 15305 of the CEQA Guidelines, in that the project involves a minor
alteration in land use limitations.
Section 2: The findings, in accordance with Section 17.50.050 of the Poway
Municipal Code, to approve Variance 06-07 to allow a 6-foot-high solid wall within the
front yard setback of the property located at 12418 Grange Place, within the Creek
Road Enclave Specific Plan, as shown on the site plan dated August 14, 2006, are
made as follows:
A. That there are special circumstances applicable to the property and because
of this the strict application of the Zoning Ordinance deprives the property of
privileges enjoyed by other properties in the vicinity with the identical zoning
classification. The special circumstances are that the sloping topography of the
site creates a unique setting so that the residence and the 6-foot-high walled
front courtyard area are elevated approximately 12 feet above the grade of the
access driveway. Therefore, almost half of the 30-foot front yard setback area
consists of slope and provides adequate separation between the walled
courtyard and the access driveway; and
B. Granting the Variance is necessary for the preservation and enjoyment of a
substantial property right enjoyed by other property owners in the same vicinity
and not afforded to the property for which the Variance is sought because the lot
is constrained by the sloping topography; and,
Resolution No. P-06-48
Page 2
C. Granting the Variance would not be materially detrimental to the public health,
safety, or welfare in the vicinity in that the wall is sited clear of the road easement
and will not obscure traffic visibility; and,
D. That the granting of this Variance does not constitute a special privilege that is
inconsistent with the limitation upon other properties in the vicinity and zone in
that 6-foot-high solid fencing or walls have been installed on other area single
family residential properties; and,
E. Granting the Variance would not allow a use or activity not otherwise expressly
authorized by the Creek Road Enclave Specific Plan because 6-foot-high walls
and fences are permitted in the zone; and
F. That the proposed Variance will be compatible with the City's General Plan
because 6-foot-high walls are permitted and do not result in a density increase.
Section 3: The City Council hereby approves Variance 06-07 to allow a 6-foot-high
solid wall within the front yard setback of the property located at 12418 Grange Place,
within the Creek Road Enclave Specific Plan, as shown on the site plan dated August
14,2006, subject to the following conditions:
A. Approval of this Variance shall apply only to the subject project, and shall not
waive compliance with all sections of the Zoning Ordinance 'and all other
applicable City ordinances in effect at the time of Building Permit issuance.
B. Within 30 days of approval the applicant shall submit in writing that all conditions
of approval have been read and understood.
C. The Variance granted by this approval shall not be conducted in such a manner
as to interfere with the reasonable use and enjoyment of surrounding residential
uses.
D. A Building Permit is not required for the subject wall provided that the applicant
smooth out the slope between the subject 6-foot-high masonry wall and the
parallel retaining wall to an even 2:1 slope, and call for inspection of the work by
the Building Division within 60 days of the Variance approval.
E. Additional fire retardant-type shrubs shall be installed in the landscape area
between the subject 6-foot-high wall and the retaining wall along the access
roadway to provide a dense, attractive landscape screen. Revised plans of the
approved Brush Management/Landscaping Plan for the Reserve residential
development shall be submitted to the Planning Division for review and approval
prior to installation of the required shrubs.
Resolution No. P-06-48
Page 3
Section 4: The approval of Variance 06-07 shall expire on October 17. 2008. at
5:00 p.m. unless construction or use of the property in reliance on this permit has.
commenced prior to its expiration.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 17th day of October 2006.
ATTEST:
~7),~~
L. ane Shea, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-06-48, was duly adopted by the
City Council at a meeting of said City Council held on the 17th day of October 2006, and
that it was so adopted by the following vote:
AYES:
NOES:
BOYACK, EMERY, HIGGINSON, CAFAGNA
NONE
ABSTAIN:
NONE
DISQUALIFIED: REXFORD
f5:e~